biddoc.pdf

Logistics Department 7002 Raleigh Street, Westminster, CO 80030

P: (303) 428-3535 | www.wps.org

Westminster Public Schools Request for Proposal (RFP)

Memorial Stadium Improvements

Request for Proposal No. 26-001 Date of Issue: September 22, 2026

Proposal Closing Date: November 10, 2026, at 2:00 p.m. Mountain Prevailing Time (MPT)

To be considered, all responses must be submitted via the Rocky Mountain E-Purchasing System prior to the proposal closing date and time listed above. Late submissions will not be accepted.

RFP No. 26-001 | Memorial Stadium Improvements

Table of Contents

Section Page Definitions 3

Section 1: Introduction and Overview 4 Request for Proposal (RFP) General Information 4

Section 2: Communication and Timeline 5 Solicitation Contact and Communication 5 Schedule of Activities and Timeline 6 Project Schedule 6

Section 3: Scope of Work 7 Scope of Work 7

Section 4: Response Requirements 9 Submission Instructions 9 Response Requirements 9

Section 5: Evaluation of Responses 13 Evaluation of Responses 13

Section 6: District Terms and Conditions 16

Attachment A – Respondent Certification and Signature Page 27 Attachment B – Certification Regarding Debarment and Suspension 28 Attachment C – Criminal Records Check Certification Statement 29 Attachment D – Pricing Proposal 30 Attachment E – WPS General Conditions of the Construction Agreement Separate File Attachment F – Drawings Separate File Attachment G – Technical Specifications Separate File

Note: Attachments E, F, and G are provided as separate files with this solicitation through the Rocky Mountain E-Purchasing System and are incorporated into and made part of this solicitation.

Definitions

The following glossary defines abbreviations, acronyms, and terms used throughout this RFP for ease of reference.

Term Definition Agreement The collective contractual agreement between the District and the Contractor consisting of the documents identified in Section 6: District Terms and Conditions.

Contractor The Respondent to whom an award is made and with whom the District establishes an Agreement.

District Westminster Public Schools.

Respondent An individual, firm, company, corporation, or other entity that submits a response to this solicitation.

Response The written offer submitted by a Respondent in response to this solicitation, including all required information, forms, certifications, pricing, and other materials.

Request for Proposal

(RFP)

A competitive solicitation process used by the District to evaluate and select a Respondent based upon established criteria, which may include qualifications, experience, approach, price, products, services, and overall value.

Work The products, services, labor, materials, deliverables, and other obligations required to be provided or performed under the Agreement.

Section 1: Introduction and Overview

District Profile Westminster Public Schools is a Colorado public school district serving students and families throughout portions of Adams County in the Denver metropolitan area. The District covers a geographical area of 17.5 square miles and serves the communities of Westminster, Arvada, Denver, and Federal Heights, along with certain unincorporated areas of Adams County. The District consists of 17 schools serving approximately 7,500 students and employs approximately 900 staff members. Westminster Public Schools is recognized for its innovative approach to personalized learning and operates the largest districtwide Competency Based System in the nation.

Purpose Westminster Public Schools (the District) is soliciting proposals from qualified general contractors to provide construction services for the Memorial Stadium Phase 1 Improvements project, located at 6933 Raleigh Street, Westminster, Colorado 80030. The Work generally includes site and utility improvements; field-lighting and electrical improvements; goal-post replacement; entrance and site improvements; installation of a prefabricated ticket booth, play clocks, and replacement flagpole; infrastructure supporting current and future stadium improvements; and associated Work as shown and specified in the Drawings and Specifications.

Additional information is provided in Section 3: Scope of Work.

Request for Proposal (RFP) General Information This RFP is a competitive solicitation through which the District will evaluate responses in accordance with the criteria established herein. Issuance of this RFP does not obligate the District to make an award, purchase any products or services, or enter into an Agreement. Any award resulting from this solicitation shall be made in accordance with Section 5: Evaluation of Responses and Section 6: District Terms and Conditions.

Section 2: Communication and Timeline

Solicitation Contact and Communication To promote a fair, open, and competitive solicitation process, all communications concerning this solicitation must be directed to:

Kristen Hernandez Logistics Coordinator Westminster Public Schools Email: khernandez@wps.org

The above-named individual shall serve as the District’s authorized Solicitation Contact and sole point of contact for this solicitation unless the District provides written notice identifying another authorized representative. The following communication requirements apply from the date the solicitation is issued through completion of the solicitation process:

• Respondents shall not contact District employees, Board of Education members, consultants, or other representatives regarding this solicitation, except through the Solicitation Contact.

• All questions, requests for clarification, and inquiries regarding the solicitation documents must be submitted via the Rocky Mountain E-Purchasing System by the deadline specified in the solicitation. Questions submitted by email, telephone, in person, or through any other method will not be accepted or considered.

• Each question or request for clarification must be submitted as a separate entry in the Rocky Mountain E-Purchasing System. Respondents shall submit only one question per entry and should identify the applicable section, page, specification, or attachment to which the question relates. Entries containing more than one question will not be considered or answered. Respondents are responsible for resubmitting each question as a separate entry prior to the established question deadline. Questions not properly submitted by the deadline will not be considered.

• If a Respondent is contacted by a District employee, consultant, or other representative regarding the solicitation, the Respondent should refer the individual to the Solicitation Contact for appropriate coordination.

• Respondents shall not rely upon oral statements, interpretations, explanations, or other representations concerning the requirements, specifications, terms, or conditions of this solicitation. Only information issued or confirmed in writing by an authorized District representative shall be considered official.

• Any attempt to obtain information regarding the solicitation outside the authorized communication process, influence the evaluation or award process, or engage in unauthorized communication may result in disqualification of the Respondent or rejection of its response when determined appropriate by the District.

• Any modification, clarification, correction, or amendment to this solicitation shall be valid only when issued in writing by the District’s Logistics Coordinator, Solicitation Contact, or designee.

Schedule of Activities and Timeline

Activity Description Date & Time Issue Solicitation Issuance of the solicitation via the Rocky Mountain E-Purchasing

System.

9/22/26

Pre-Proposal Walk- Through

A pre-proposal conference or walk-through will be held at Memorial Stadium, located at: 6933 Raleigh Street, Westminster, CO 80030.

Parking is available on the south side of Memorial Stadium in the Westminster High School parking lot. Attendance is mandatory.

Respondents must RSVP by email to the District’s Solicitation Contact no later than September 29, 2026. Responses from Respondents who do not attend will not be accepted.

10/1/26 at 9:30 am Mountain Prevailing Time

(MPT)

Questions Respondents may submit questions concerning this solicitation via the Rocky Mountain E-Purchasing System. Questions shall not be accepted after the due date and time.

10/8/26 by 5:00 pm Mountain Prevailing Time

(MPT)

Answers Response to questions will be issued as an Addendum to the solicitation via the Rocky Mountain E-Purchasing System.

10/20/26 by 5:00 pm Mountain Prevailing Time

(MPT)

Proposal Submission Deadline

The District will receive responses via the Rocky Mountain E- Purchasing System until the deadline date and time indicated. See Section 4: Response Requirements. Late responses will not be accepted.

11/10/26 by 2:00 pm Mountain Prevailing Time

(MPT)

Interviews Interviews with shortlisted Respondents selected through the initial evaluation process.

11/18/26

Evaluation Final evaluation of responses and interviews by the Evaluation Committee.

Late November

Board of Education Approval (if applicable)

Recommendation for award presented to the Board of Education for approval, when required.

December 2026

Award Notice of Award issued to the successful Respondent. December 2026 Purchase Order Issuance of an authorized District Purchase Order as part of the

Agreement and authorization to proceed with the awarded Work.

December 2026

Project Schedule

Activity Description Date Project Kickoff Following award, Board of Education approval when required, and issuance of an authorized District Purchase Order or other written authorization by the District.

December 2026

Order Materials Contractor shall promptly initiate required submittals and procurement of materials and equipment following authorization to proceed, consistent with the approved project schedule.

December 2026

Site Work Construction activities at Memorial Stadium in accordance with the Contract Documents and approved project schedule.

December 2026 – May 2027

Substantial Completion

Work shall achieve Substantial Completion in accordance with the Contract Documents.

May 14, 2027

Final Completion Completion of all remaining Work, punch-list items, closeout requirements, and other requirements for Final Completion.

May 14, 2027

Section 3: Scope of Work

Scope of Work

3.1 Project Overview

Westminster Public Schools (District) is seeking a qualified general contractor to furnish all labor, supervision, materials, equipment, tools, transportation, coordination, and other services necessary to complete the Memorial Stadium Phase 1 Improvements project at 6933 Raleigh Street, Westminster, Colorado 80030, in accordance with this solicitation, the Drawings and Specifications, and the Contract Documents. The Work generally includes site and utility improvements; field-lighting replacement and upgrades; replacement of goal posts; entrance and site improvements; installation of a prefabricated ticket booth, play clocks, and replacement flagpole; infrastructure supporting current and future stadium improvements; and associated demolition, electrical, civil, paving, fencing, restoration, testing, commissioning, and other Work required by the Contract Documents.

3.2 Site and Utility Improvements

The Work includes demolition, replacement, relocation, and installation of site utilities and related infrastructure as shown and specified in the Drawings and Specifications, including water, electrical, fiber, data, and other utility improvements required for the Project. The Work also includes associated excavation, grading, drainage, erosion and sediment control, paving and concrete restoration, and other site work required by the Contract Documents.

3.3 Field Lighting and Electrical Improvements

The Work includes removal, relocation, replacement, and installation of field lighting and associated electrical infrastructure as indicated in the Drawings and Specifications, including new LED sports lighting equipment, poles, fixtures, wiring, controls, foundations, connections, and related electrical Work. The completed lighting system shall be aimed, tested, commissioned, and verified in accordance with the Drawings and Specifications and applicable performance requirements.

3.4 Stadium and Site Improvements

The Work includes replacement of existing goal posts; installation of a new prefabricated ticket booth, play clocks, replacement flagpole and associated lighting; entrance, accessibility, concrete, fencing, gate, and other site improvements; and associated demolition, foundations, electrical connections, restoration, and related Work as shown and specified in the Drawings and Specifications.

3.5 Infrastructure for Future Stadium Improvements

The Work includes installation, replacement, relocation, and coordination of electrical, water, fiber, data, technology, and other infrastructure identified in the Drawings and Specifications to support the current Work and anticipated future improvements to Memorial Stadium. Future improvements identified in the Contract Documents for coordination purposes only are not included in the Contractor's scope unless expressly shown or required as part of the Work.

3.6 Permits, Inspections, and Regulatory Compliance

The Contractor shall obtain and coordinate all permits, licenses, inspections, utility-provider coordination, and required third-party inspections assigned to the Contractor by the Contract Documents. Certain testing and third-party inspections may be provided by the District or its designated consultant as identified in the Contract Documents. The Contractor shall coordinate and cooperate with all District-provided testing and inspection activities. Responsibility for the primary Building Permit shall be as established in the Specifications. The Contractor shall perform the Work in accordance with all applicable laws, codes, standards, and District requirements.

3.7 Project Coordination and Site Operations

The Contractor shall coordinate all construction activities with the District's Project Manager and Design Professional and shall perform the Work in a manner that protects District property and minimizes disruption to District, school, athletic, and other facility operations. Contractor access, staging, deliveries, material storage, temporary facilities, site security, construction fencing, and other site logistics shall be coordinated with and subject to approval by the District.

3.8 Project Schedule

The Contractor shall plan, schedule, coordinate, and prosecute the Work to achieve both Substantial Completion and Final Completion no later than May 14, 2027. Construction is anticipated to begin in December 2026 following award, execution of required Contract Documents, issuance of an authorized District Purchase Order, and issuance of any required Notice to Proceed. Respondents shall submit a preliminary construction schedule demonstrating their ability to meet the required Substantial Completion and Final Completion dates, including major construction activities, procurement and anticipated lead times for major equipment and materials, required submittals, inspections, testing and commissioning, and other critical milestones. The Contractor shall promptly identify in its proposal any known procurement, manufacturing, scheduling, or other constraints that could affect achievement of the required Substantial Completion and Final Completion dates.

3.9 Closeout Requirements

As a condition of Final Completion and Final Payment, the Contractor shall provide all closeout documentation required by the Contract Documents, including, as applicable:

• Record/as-built drawings in the formats required by the District and Design Professional;

• Operations and Maintenance manuals for installed systems and equipment;

• Manufacturer, supplier, installer, and workmanship warranties and guarantees;

• Testing, startup, commissioning, and verification reports for installed systems, including the sports-lighting system;

• Final inspection reports and required permits, approvals, and code-compliance documentation;

• Certificate of Substantial Completion and other completion documentation required by the

Contract Documents;

• Training documentation and required demonstrations for District personnel;

• Lien waivers, releases, affidavits, and other documentation required for final payment; and

• Any additional closeout documentation identified in the Drawings and Specifications.

Final Acceptance will not occur until required closeout documentation has been submitted and accepted in accordance with the Contract Documents.

Section 4: Response Requirements

The purpose of this section is to establish a consistent format for solicitation responses, ensure Respondents provide all required information, and support a fair, efficient, and consistent evaluation of proposals.

Important: Respondents are responsible for complying with all submission and response requirements set forth in this solicitation. Failure to provide required information or follow the prescribed response format and submission instructions may result in a response being deemed non-responsive and may affect whether the response, or portions thereof, are considered in the evaluation.

Submission Instructions All responses must be submitted through the Rocky Mountain E-Purchasing System at https://www.bidnetdirect.com/colorado/westminster-public-schools. Respondents must obtain and download the solicitation documents through the Rocky Mountain E-Purchasing System to be eligible to submit a response. A response submitted by a Respondent that did not obtain the solicitation documents as required will not be accepted.

Response Requirements Respondents must submit their response as one (1) complete PDF file, organized in the format specified in this solicitation. The response must include all required documents and information to be considered complete. Embedded files, compressed or ZIP files, links to externally hosted documents, multimedia files, password-protected files, or other files that cannot be readily accessed or reviewed by the District shall not be submitted. Failure to comply with these requirements may result in the response being deemed non-responsive.

Respondents are encouraged to provide clear and concise responses and to include only information relevant to the requirements of this solicitation. Responses must be organized in the following order:

Tab 1 – Cover Letter: Provide a brief cover letter demonstrating the Respondent’s understanding of the solicitation requirements and Scope of Work, and describing the Respondent’s interest in and ability to successfully perform the required Work. The cover letter must be signed by an individual authorized to bind the Respondent to its response.

Tab 2 – Table of Contents: Provide a table of contents identifying each section of the response by tab and page number, including any attachments or enclosures. All pages must be consecutively numbered and correspond to the table of contents.

Tab 3 – Respondent Qualifications and Experience: Provide an overview of the Respondent’s organization, qualifications, and experience relevant to this solicitation. At a minimum, include the following:

• General description of the organization and services provided.

• Number of years in business and relevant industry experience.

• Principal business location and other relevant office location(s), and website.

https://www.bidnetdirect.com/colorado/westminster-public-schools

• Summary of the Respondent’s relevant expertise and experience serving as general contractor for projects similar in size, scope, and complexity to the Work described in this solicitation, with particular emphasis on athletic facility, stadium, sports-lighting, site-infrastructure, K-12 school district, and other public-sector construction projects.

• Qualifications, capabilities, or other factors that distinguish the Respondent from other contractors.

• Applicable business registrations, certifications, and professional licenses currently held and active in the State of Colorado.

• Identification of key personnel proposed for the project, including their roles, professional qualifications, relevant experience, and applicable certifications or licenses. At a minimum, identify the proposed Project Manager and on-site Superintendent and describe each individual’s experience on comparable construction projects.

• Organizational chart identifying key personnel proposed for the project and their respective roles. Include resumes for all key personnel.

• Identification of major subcontractors anticipated to perform the Work, including the work or trade each subcontractor is expected to perform. At a minimum, identify the proposed electrical/sports-lighting contractor and other major trades known at the time of proposal.

• Identification of the Respondent’s primary point of contact for the response and any resulting Agreement, including name, title, telephone number, and email address.

• A letter from the Respondent’s surety or authorized bonding agent confirming the Respondent’s ability to furnish Performance and Payment Bonds, each in an amount equal to one hundred percent (100%) of the proposed Contract Sum, if awarded the Agreement.

The surety must be authorized to conduct business in the State of Colorado.

Tab 4 – Scope of Work: Respond to each requirement listed in Section 3: Scope of Work in the order presented. At a minimum, the response must:

• Describe how the Respondent will meet each requirement, including the specific services, products, deliverables, or other information to be provided, as applicable.

• Clearly confirm compliance with each requirement and identify any exceptions or proposed alternatives.

• Describe the Respondent’s proposed approach and methodology to:

o Construction sequencing and coordination;

o Site logistics, access, staging, deliveries, and material storage;

o Coordination with the District and Design Professional;

o Maintaining site safety and security;

o Coordination of subcontractors and suppliers;

o Procurement and management of long-lead materials and equipment;

o Quality control, testing, startup, and commissioning; and o Achieving the required Substantial Completion and Final Completion dates.

• Identify any anticipated assistance, resources, information, access, or other support required from District staff to successfully perform the Work.

Tab 5 – Preliminary Construction Schedule: Provide a preliminary construction schedule demonstrating the Respondent’s proposed approach to performing the Work and ability to achieve both Substantial Completion and Final Completion by May 14, 2027. At a minimum, the schedule shall identify:

• Anticipated mobilization and commencement of on-site Work;

• Submittal and shop-drawing activities;

• Procurement and delivery of major equipment and materials, including anticipated long-lead items;

• Major construction activities, sequencing, and milestones;

• Utility coordination and required inspections;

• Lighting installation, aiming, testing, and commissioning;

• Punch-list activities;

• Required Substantial Completion; and

• Final Completion and closeout.

Identify any assumptions, dependencies, contingencies, anticipated long-lead items, or other schedule risks that may affect the Respondent’s ability to complete the Work within the required Project Schedule.

Tab 6 – References: Provide five (5) references for which the Respondent has performed work similar in size and scope to the Work described in this solicitation within the past three (3) years.

References from K-12 school districts are preferred. For each reference, provide:

• Organization name.

• Contact name and title.

• Telephone number and email address.

• Date(s) Work was performed.

• Brief description of the Work performed.

• Approximate contract value.

• Identification of any key personnel proposed for this solicitation who also performed work for the referenced organization.

The District reserves the right to contact any and all references provided and to obtain information regarding the Respondent’s performance of similar work.

Tab 7 – Pricing: Complete and submit Attachment D – Pricing Proposal in its entirety. Pricing shall be firm and shall include all costs necessary to fully perform the Work in accordance with the Contract Documents. Pricing shall remain valid for a minimum of ninety (90) days following the proposal submission deadline. The District is exempt from applicable State of Colorado and local sales and use taxes. Proposed pricing shall not include taxes from which the District is exempt. The District’s Colorado tax exemption number is 98-03358.

The Respondent shall not alter the format or pricing structure of Attachment D unless expressly authorized by the District. Additional pricing information may be provided when necessary to clarify the Respondent’s pricing but shall not replace the required Pricing Proposal.

Tab 8 – Additional Information (Optional): Respondents may provide additional information relevant to the District’s consideration of the response that is not addressed elsewhere and that may assist the District in evaluating the Respondent’s qualifications, approach, or ability to successfully perform the Work.

Tab 9 – Acceptance of District Terms and Conditions: The Respondent shall review and acknowledge acceptance of all terms and conditions contained in this solicitation. The documents comprising any resulting Agreement are identified in Section 6: District Terms and Conditions.

Any exception, requested modification, or proposed alternative to a District term or condition must be clearly identified in this section of the response, including the specific provision at issue and the Respondent’s proposed alternative language or resolution.

Respondents are expected to complete any necessary legal review of this solicitation prior to submitting a response. Terms or conditions not specifically identified as exceptions in the response will be considered accepted by the Respondent.

The District is under no obligation to accept any requested exception or modification and reserves the right to reject, accept, or negotiate proposed changes at its sole discretion. Exceptions to material solicitation requirements may affect the evaluation of a response or result in the response being deemed non-responsive.

Respondents shall not submit their own contract, standard terms and conditions, or other contractual documents in lieu of accepting the District’s terms and conditions unless specifically requested by the District.

Tab 10 – Required Forms and Certifications: Complete, sign and include all required District forms and certifications provided with this solicitation. Failure to submit a required form or certification may result in the response being deemed non-responsive. Required forms include:

• Attachment A – Respondent Certification and Signature Page.

• Attachment B – Certification Regarding Debarment and Suspension.

• Attachment C – Criminal Records Check Certification Statement.

• Attachment D – Pricing Proposal.

Section 5: Evaluation of Responses

Responses will be reviewed and evaluated by the District in accordance with the criteria established in this solicitation. The purpose of the evaluation process is to identify the responsible Respondent whose proposal is determined to be most advantageous to the District, considering price and other relevant factors.

Prior to substantive evaluation, responses may be reviewed for responsiveness, completeness, and compliance with the solicitation requirements. The District reserves the right to determine whether a response is responsive and whether any omission, deviation, or irregularity is material to the evaluation. Responsive proposals will be evaluated using the following criteria and maximum point values:

Evaluation Criterion Maximum Points Qualifications and Relevant Construction Experience 20 Project Team and Key Personnel 15 Project Approach and Understanding 20 Preliminary Construction Schedule and Ability to Achieve Required Completion

Relevant Past Performance and References 10 Pricing and Overall Value 15 Total 100

Qualifications and Relevant Construction Experience – 20 Points Evaluation will consider the Respondent's qualifications, capabilities, and demonstrated experience successfully completing construction projects of similar size, scope, and complexity.

Consideration may include relevant experience with athletic facilities, stadium improvements, sports lighting, site infrastructure, K-12 school districts, public entities, and other comparable construction projects.

Project Team and Key Personnel – 15 Points Evaluation will consider the qualifications, relevant experience, proposed responsibilities, and availability of the Respondent's proposed Project Manager, Superintendent, other key personnel, and major subcontractors identified in the response. Consideration may also be given to the proposed organization and allocation of personnel and resources necessary to successfully perform the Work.

Project Approach and Understanding – 20 Points Evaluation will consider the Respondent's demonstrated understanding of the Project and the quality, feasibility, and effectiveness of its proposed approach to performing the Work.

Consideration may include construction sequencing and coordination; site logistics, access, staging, deliveries, and material storage; coordination with the District and Design Professional;

site safety and security; subcontractor and supplier coordination; management of long-lead materials and equipment; quality control; testing and commissioning; and other factors relevant to successful performance of the Work.

Preliminary Construction Schedule and Ability to Achieve Required Completion – 20 Points Evaluation will consider the quality, completeness, and feasibility of the Respondent's preliminary construction schedule and demonstrated ability to achieve the required Substantial Completion and Final Completion dates. Consideration may include mobilization; submittal and shop-drawing activities; procurement and delivery of major equipment and materials; anticipated long-lead items; construction sequencing and milestones; utility and inspection coordination; lighting installation, aiming, testing, and commissioning; punch-list activities; Final Completion and closeout; and identified assumptions, dependencies, contingencies, or schedule risks.

Relevant Past Performance and References – 10 Points Evaluation will consider the Respondent's relevant past performance, successful completion of comparable projects, client satisfaction, and information obtained through reference checks or other documented performance history. The District reserves the right to contact any or all references identified in the response and may consider documented information regarding the Respondent's performance obtained from other sources available to the District.

Pricing and Overall Value – 15 Points Evaluation will consider the completeness and reasonableness of the Respondent's proposed pricing and the overall value offered to the District. Price will be evaluated in relation to the Respondent's qualifications, experience, proposed project team, approach, construction schedule, and other factors relevant to successful performance of the Work. The District is not obligated to select the Respondent offering the lowest price.

Initial Evaluation and Shortlisting The District will conduct an initial evaluation of written proposals to identify Respondents to be shortlisted for interviews. Shortlisting may be based upon the evaluation criteria established in this section and other requirements of the solicitation. Respondents not selected for an interview will receive no further consideration unless the District determines that additional evaluation is necessary.

Interviews Shortlisted Respondents will participate in interviews in accordance with the schedule established in Section 2: Communication and Timeline. Interviews are intended to provide the District an opportunity to further evaluate the Respondent's qualifications, proposed project team, understanding of the Project, proposed approach, preliminary construction schedule, and other matters relevant to the evaluation criteria established in this solicitation. The District may request clarification or additional information during the interview process. Information obtained through interviews and any requested clarifications may be considered by the Evaluation Committee in its final evaluation and scoring of the criteria identified above.

Clarifications and Additional Information The District may request clarification or additional information from a Respondent when necessary to assist in the evaluation of a response. A request for clarification is not an opportunity for a Respondent to materially alter its proposal, pricing, or the substantive terms of its response unless expressly authorized by the District as part of the solicitation process. The District is not obligated to request clarification of an omission, ambiguity, inconsistency, or other deficiency in a response.

Final Evaluation Following interviews, the Evaluation Committee will conduct its final evaluation of the shortlisted Respondents using the evaluation criteria and maximum point values established in this section.

Final evaluation may consider information contained in the written proposal, information obtained through interviews and permitted clarifications, reference checks, and other information obtained or verified by the District in accordance with the solicitation. Evaluation Committee scores are intended to assist the District in determining the proposal that provides the best overall value and is most advantageous to the District.

Basis of Award Award will be made to the responsible Respondent whose response is determined to be most advantageous to the District based upon the evaluation criteria established in this solicitation.

Award will not be based solely upon the lowest proposed price. Price is one of several factors that will be considered in determining the response that provides the best overall value to the District.

Any award is subject to the required District approvals, including approval by the Westminster Public Schools Board of Education when applicable, and successful completion of the District’s contracting requirements.

The District reserves the right to reject any or all responses, in whole or in part; waive minor informalities or irregularities when determined appropriate; request clarification or additional information; and cancel, postpone, or reissue the solicitation when determined to be in the best interest of the District.

Section 6: District Terms and Conditions

By submitting a response to this solicitation, the Respondent acknowledges that it has reviewed and agrees to comply with the following District Terms and Conditions, except for any exceptions or requested modifications specifically identified in the Respondent’s response in accordance with Section 4: Response Requirements. Terms and conditions not specifically identified as exceptions will be considered accepted and, upon award, shall become part of the Agreement between the District and the Contractor.

A. Solicitation and Contract Administration

1. Respondent Responsibility: Respondents are responsible for carefully reviewing all portions of this solicitation, including all requirements, specifications, terms, conditions, attachments, and addenda. If a Respondent discovers an ambiguity, discrepancy, omission, inconsistency, or other apparent error, the Respondent must submit a request for clarification in accordance with Section 2: Communication and Timeline prior to the established question deadline. Failure to request clarification shall not relieve the Contractor from complying with the requirements of the solicitation as interpreted by the District.

2. Modification or Withdrawal of Response: A Respondent may modify or withdraw its response prior to the solicitation submission deadline in accordance with the procedures established by the Rocky Mountain E- Purchasing System. Responses may not be modified or withdrawn after the submission deadline except as otherwise permitted by the District or applicable law.

3. Addenda and Solicitation Modifications: The District reserves the right to modify, clarify, correct, or amend this solicitation at any time prior to the submission deadline. Any such modification shall be issued in writing through the Rocky Mountain E-Purchasing System. Respondents are responsible for reviewing and acknowledging all addenda issued by the District. Oral statements, explanations, interpretations, or representations shall not modify the solicitation and shall not be relied upon by Respondents.

4. Response as Binding Offer: A response submitted in accordance with this solicitation constitutes an offer by the Respondent to provide the products and/or services described in the response in accordance with the requirements, terms, and conditions of this solicitation. The Respondent's authorized signature certifies that the individual signing the response has authority to bind the Respondent to its response.

5. Acceptance of Response Content: The contents of the Contractor’s accepted response, including representations concerning products, services, pricing, qualifications, personnel, schedules, deliverables, and performance, may become contractual obligations upon award. Failure of the Contractor to honor the commitments contained in its accepted response may constitute a breach of the resulting Agreement.

6. Response Validity: Responses, including all proposed pricing, terms, and commitments, must remain valid and available for acceptance by the District for a minimum of ninety (90) days following the response submission deadline unless otherwise specified in the solicitation.

7. District Reservation of Rights: The District reserves the right, when determined to be in its best interest and to the extent permitted by applicable law and District policy, to reject any or all responses, in whole or in part; waive minor informalities or irregularities; request clarification or additional information; conduct discussions or negotiations; accept all or any portion of a response; cancel, postpone, or reissue the solicitation; withhold an award; and take any other action reasonably necessary to complete the solicitation process. Nothing contained in this solicitation obligates the District to make an award or purchase any products or services.

8. Multiple or Partial Awards: The District reserves the right to make a single award, multiple awards, or a partial award when determined to be in the best interest of the District and consistent with the requirements of the solicitation.

9. Board of Education Approval: Any award requiring approval of the Westminster Public Schools Board of Education shall be contingent upon such approval. No award, notice of intent to award, recommendation, or other communication shall obligate the District prior to receipt of all required approvals and issuance of an authorized Purchase Order or other applicable procurement document.

10. Appeal of Award: A Respondent may appeal an award recommendation by submitting a written request for reconsideration to the District's Logistics Coordinator within seventy-two (72) hours after notice of the recommendation of award, provided the appeal is submitted before the District finalizes the award. The appeal must clearly identify the basis for the protest and provide all supporting information upon which the Respondent relies.

B. Contract Formation and Contract Documents

11. Contract Formation: Unless otherwise specified in the solicitation, the District shall establish an Agreement with the successful Respondent through issuance of an authorized Purchase Order or other applicable award document. Upon establishment of the Agreement, the successful Respondent shall be referred to as the Contractor. No notice of intent to award, award recommendation, verbal authorization, or other communication shall authorize the Contractor to begin Work or incur costs on behalf of the District. The Contractor shall not provide products or perform services until an authorized Purchase Order or other written authorization has been issued by the District.

12. Contract Documents: The Agreement between Westminster Public Schools and the Contractor (the “Agreement”) shall consist of the Contract Documents applicable to the Work, including the solicitation and all attachments thereto, including the Drawings, Technical Specifications, and WPS General Conditions of the Construction Agreement; all addenda issued by the District; the Contractor’s accepted response; any written clarifications, exceptions, or negotiated modifications expressly accepted by the District; the District’s Award Letter or other written award document; the District’s Purchase Order; any Notice to Proceed issued by the District; required Performance and Payment Bonds; and any Change Orders or other authorized written modifications issued or executed in accordance with the Contract Documents. Only those portions of the Contractor’s response, including any proposed exceptions, qualifications, or modifications, that are expressly accepted by the District shall become part of the Agreement. The Contract Documents are intended to be complementary and shall be interpreted together as constituting the complete Agreement for performance of the Work.

13. Order of Precedence: The Contract Documents are intended to be complementary and shall be interpreted together to give effect to all provisions applicable to the Work. In the event of a conflict, discrepancy, or inconsistency among the Contract Documents that cannot reasonably be reconciled, the following order of precedence shall apply, unless otherwise expressly stated in an Addendum, Change Order, or other authorized written modification:

1. Change Orders and other authorized written modifications executed after establishment of the Agreement, with the most recently executed document controlling to the extent of the modification;

2. Addenda issued by the District prior to the proposal submission deadline, with the most recently issued Addendum controlling to the extent of the modification;

3. The District’s solicitation, including the Scope of Work and project-specific District Terms and Conditions;

4. WPS General Conditions of the Construction Agreement;

5. Technical Specifications;

6. Drawings;

7. Written clarifications, exceptions, or negotiated modifications expressly accepted by the District;

8. The District’s Award Letter or other written award document;

9. The Contractor’s accepted response; and

10. The District’s Purchase Order.

A Notice to Proceed and required Performance and Payment Bonds are Contract Documents but shall not modify or supersede the substantive requirements of the other Contract Documents unless expressly stated in an authorized written modification. The Purchase Order is issued for authorization, encumbrance, and administrative purposes and shall not modify or supersede the substantive requirements of the Agreement unless the Purchase Order expressly states otherwise. Nothing contained in the Contractor’s response, including qualifications, assumptions, exclusions, proposed terms, or other exceptions, shall modify or supersede a District requirement unless expressly accepted in writing by an authorized District representative.

14. Vendor Terms and Conditions: Terms or conditions contained in a Respondent’s quotation, proposal, invoice, order acknowledgement, website, electronic interface, click-through agreement, shrink-wrap agreement, or other document shall not modify or supplement the Agreement unless expressly accepted in writing by an authorized representative of the District. The District’s acceptance of products or services, payment of an invoice, or use of a Contractor’s system shall not constitute acceptance of additional or conflicting vendor terms.

15. Modification of Agreement: No change to the Agreement shall be valid unless authorized in writing by the District. Modifications must remain within the scope and original intent of the solicitation unless otherwise permitted by applicable procurement requirements. The Contractor shall not perform additional or changed

Work based upon verbal direction or other unauthorized communication. Costs incurred as a result of unauthorized changes shall be the responsibility of the Contractor and shall not be chargeable to the District.

16. Assignment: The Contractor shall not assign, transfer, or otherwise dispose of any interest in the Agreement, nor delegate its material obligations, without the prior written consent of the District.

17. Subcontractors: The Contractor shall remain fully responsible for all products and services provided under the Agreement, including Work performed by subcontractors. The Contractor shall ensure that all subcontractors comply with all applicable requirements, terms, and conditions of the Agreement. The Contractor shall not knowingly engage a subcontractor that is debarred, suspended, excluded, or otherwise ineligible to participate in an applicable federally funded transaction. The use of subcontractors shall not create any contractual relationship between a subcontractor and the District.

C. Performance and Contract Administration

18. Contract Term and Renewal: The term of the Agreement shall be as specified in the solicitation, Award

Letter, Purchase Order, or other written award document issued by the District. When renewal options are provided, the District may exercise an available renewal option in writing prior to expiration of the current term, including through issuance of a Renewal Letter by an authorized District representative. Unless otherwise stated in the renewal, the terms, conditions, specifications, and pricing of the Agreement then in effect shall continue during the renewal period. Renewal shall not be automatic and shall be subject to satisfactory Contractor performance, continued District need, availability of funds, and any required District approvals. Notice of intent to renew shall not commit the District to a renewal.

19. Contractor Responsibility and Key Personnel: The Contractor shall be responsible for the successful performance of all requirements of the Agreement. Personnel identified as key personnel in the Contractor’s accepted response are considered material to the Contractor's performance. The Contractor shall not replace key personnel without prior notice to and approval by the District. Any replacement shall possess qualifications and experience equal to or greater than those of the individual being replaced, unless otherwise approved by the District.

20. Contractor Performance: The District may periodically evaluate and document the Contractor's performance under the Agreement, including quality, timeliness, responsiveness, compliance with requirements, and other relevant performance factors. Documented Contractor performance may be considered by the District in administering the Agreement and, to the extent permitted by applicable procurement requirements, in evaluating the Contractor's responsibility or past performance in future solicitations.

21. Independent Contractor: The Contractor shall perform its obligations as an independent contractor and not as an employee, agent, partner, or joint venturer of the District. The Contractor shall be solely responsible for its employees and subcontractors and for all applicable wages, payroll taxes, employment taxes, workers' compensation, unemployment insurance, benefits, and other obligations arising from its employment relationships.

22. Licenses and Permits: Except as otherwise assigned in the Contract Documents, the Contractor shall obtain and maintain, at its own expense, all licenses, registrations, certifications, permits, and other governmental authorizations required to perform the Agreement and shall comply with all applicable laws, ordinances, codes, rules, and regulations.

23. Inspection and Acceptance: The District reserves the right to inspect and evaluate all products, services, Work, and deliverables provided under the Agreement. Products, services, or deliverables that fail to conform to the Agreement may be rejected. At the District's direction and at no additional cost to the District, the Contractor shall promptly repair, replace, correct, or re-perform nonconforming Work. Inspection, payment, or preliminary acceptance shall not relieve the Contractor of responsibility for latent defects, warranty obligations, or other requirements of the Agreement.

24. Warranty: The Contractor warrants that all Work furnished under the Agreement shall conform to the specifications and requirements of the Agreement and shall be free from defects in materials and workmanship. The Contractor shall promptly correct, repair, replace, or re-perform deficient or nonconforming products or services at no additional cost to the District. Any manufacturer's warranties applicable to products furnished under the Agreement shall be passed through to the District and shall be in addition to, and not in limitation of, any other warranty provided by the Contractor.

25. Title to Goods: The Contractor warrants that all goods, materials, and equipment furnished to the District shall be free and clear of liens, claims, security interests, and other encumbrances and that the Contractor has lawful authority to transfer title to the District.

26. Time Is of the Essence: When delivery, completion, implementation, or performance dates are established in the solicitation or Agreement, time is of the essence. Failure to meet required dates may constitute grounds for corrective action, cancellation, termination, or other remedies available to the District.

27. Estimated Quantities/No Guaranteed Volume: Any quantities identified in the solicitation are estimates provided for evaluation and planning purposes and do not constitute a guarantee of purchases.